Proponents of conservative public policy increasingly advocate that states invoke their right of nullification, to essentially invalidate federal laws with which they strongly disagree or that they view as unconstitutional. But it is the American Left which has put nullification into practice. And they have done so with an ominous twist — the decisions are being made by individual officeholders, not by the states.

Pennsylvania Attorney General Kathleen Kane has roiled the political waters by refusing to defend a duly enacted state law defining marriage as the union of one man and one woman. Her action, or lack thereof, came after the American Civil Liberties Union filed suit in federal court against the Pennsylvania statute in the wake of recent rulings by the Supreme Court of the United States.

In attempting to justify her refusal to perform the duties of the office to which she only recently ascended, Kane proclaimed the law prohibiting same-sex unions to be unconstitutional. She also professed to be bound by legal ethics not to defend a client (the commonwealth) with whom she has a personal disagreement. Therefore, neither she nor anyone in her independently elected office would defend the statute in court.

Setting aside the specific issue of same sex marriage, Kane’s refusal to defend a law enacted by a majority of both houses of the General Assembly and signed by the Governor is a chilling example of nullification by the Left. The Attorney General has essentially declared she has the legal power to act as the executive, legislative, and judicial branches of government combined. If she disagrees with a law, or personally views it as unconstitutional, then she will either block its implementation or refuse to uphold it.

That the Attorney General of Pennsylvania holds a personal opinion on the subject at hand is her right as a citizen; that she would utilize her office to unilaterally nullify a state law, opting instead to climb into the bully pulpit and posture on an emotionally charged issue, is unacceptable.

But, nullification by the Left has become something of an art form in recent years. One needs look no further than the President of the United States who, when Congress refuses to accede to his policy goals, simply issues executive orders.

Even when Congress does pass what he wants — as in the case of the Affordable Health Care Act/, aka Obamacare — the administration issues waivers or delays implementation of key components when the law harms a key constituency or proves unworkable.

Simply put, the political Left in America feels so strongly about the superiority of its own beliefs that it is willing to trample, bypass, and nullify the governing structure of the national and state constitutions. Don’t agree? Then govern by decree! That is what has been happening for the past five years at the national level, and as seen in Pennsylvania Attorney General Kathleen Kane’s actions, that superiority complex has trickled down to the states.

Lowman S. Henry is chairman & CEO of the Lincoln Institute of Public Opinion Research .

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